A responsabilidade civil das instituições de ensino privadas nos casos de bullying entre alunos

Abstract

This article aims to analyze the civil responsibility of private educational institutions for the damages caused to students / victims of bullying in the school environment, with related legal subregion. The study is descriptive-analytical, developed through readings and consultations with books, doctrinal understandings, articles, legislation and jurisprudence. The work seeks to clarify that, despite accepting subjective responsibility, embodied by the theory of guilt as a general rule in responsibility civil law, Brazilian law also adopted strict liability by including in Article 927 of the Civil Code the obligation to repair based on the risk activity developed by the perpetrator of the damage. Thus, only the existence of the causal link and the damage are necessary to verify the responsibility of the school with regard to the bullying student who was in their custody. Finally, this study verifies that there are jurisprudential decisions objectively responsible to educational institutions for failing to provide educational services without security, considering the physical and moral damages caused to the students by the act of bullying.